Adkins v. Cobb County

Thompson, Presiding Justice.

We granted an application for interlocutory appeal in this condemnation case to determine whether application of OCGA § 32-3-11 (c)1 to bar appellants’ motion to set aside or vacate a declaration of taking violates their due process rights and to consider whether that statute imposed upon appellants a responsibility to obtain a timely hearing on their motion. We conclude the statute as properly applied does not violate a condemnee’s due process rights but reverse and remand to the trial court with direction that it hold a hearing pursuant to the mandate of OCGA §…